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Avoid Mayhem and Mishaps - Get an ALTA Survey

Defining real property is not always as simple as it seems. Jim Davenport, PS discusses some common issues that arise during property transactions and how ALTA Surveys can help.

By James Davenport | Updated on November 03, 2011

Getting a land survey, specifically an American Land Title Association (ALTA) Survey, during a real estate transaction is crucial to understanding exactly what is being conveyed in the real estate asset.  Transacting parties need to know the boundaries of the property, all improvements included within, easements, encroachments, and other significant features and information.   

Sound simple and obvious?  Not always. 

Common Issues with Defining Real Property

A piece of land is a piece of land, right?  Well… Ever come across a property that has multiple legal descriptions of the same land? How about this as an example: In one title commitment, there are three legal descriptions defining the exact same tract of land.  The first legal was referencing the property as a lot in a recorded subdivision.  The second was a “property also described as” type that described it as a metes and bounds legal description.  The third legal was a prior surveyor’s “As-Surveyed” legal description, also in metes and bounds.  Are they all correct or is it just absurdity?  The as-surveyed legal description had slightly different distances than the other metes and bounds legal description, and the bearings for the lot description referenced on the plat did not agree with the other two.  Certainly is confusing.  Better hope that your planned building extension complies with zoning.  If it doesn’t, maybe try again with a different legal description!   

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